BRIEF
| PARTICULARS | PLAINTIFFS | DEFENDENTS |
| Trade mark | ‘SUN’/ ‘SUN PHARMA’/ ‘SUN PHARMACEUTICALS’ | “JANRICSAN PHARMA P. LTD.” |
| Registration / application status | SUN (Label) is a registered trade mark under no. 408870 dt. 04.08.1983 in class 5 claiming use from 01.01.1978, Registration is renewed and subsisting. There is no disclaimer. SUN / SUN PHARMA has been declared as well-known trade mark at Sr. no. 147 and 148 of the said lists, which is maintained by the Trade Mark Registry through order dated 19.12.2022 Sun Pharmaceutical Industries Ltd. V. Vensat Bio & Ors. CS (COMM) 459/2022. Domain name: h ://sun harma.com/ | No trade mark application The company was incorporated on 29.12.2018. Domain name: https://janricsan.com/ |
| Registration / application status | REVITAL is registered under No. 447372 cit. 26.12.1985 in Class-5 on proposed to be used basis. | BERIVITAL TAB (word) applied for reg. by Defendant No. I under no. 6379064 dt. 08.04.2024 in class 5 claiming use since 23.03.2021. Application was advertised in trade mark journal 2182 dt. I l. 11.2024 which is opposed by the Plaintiff No. I on 11.03.2025. |
| Trade mark | DAZOLIC | BEZOLIC |
| Registration / application status | DAZOLIC has been continuously used since 1999. DAZOLIC (word) is a registered trade mark under No. 747528 dt. 07.07.1997 in Class- 5 on proposed to be used basis. | No TM Application. Used for different ailment and would lead to dangerous consequences in case of any confusion. |
| Trade mark | DUOZ | DOZE-30 |
| Registration / application status | DUOZ has been continuously used since 2020 DUOZ is a registered trade mark under No. 2549629 dt. | No TM Application. Used for different ailment and would lead to dangerous consequences in case of any confusion |
The Plaintiff filed a suit for infringement of trade name/ trade mark and passing off, against the Defendants for infringing its prior used and registered trade marks also for using corporate name / domain names ‘REVITAL’, ‘DAZOLIC’, ‘DUOZ’, and SUN’/ ‘SUN PHARMA’/ ‘SUN PHARMACEUTICALS’ by adopting deceptively similar marks.
PLAINTIFF SUBMISSIONS:
Qua its trade name and goodwill:
The Plaintiff No. 1, Sun Pharmaceutical Industries Ltd., through itself and its group companies, has been continuously, openly and extensively using the well-known and distinctive trade marks SUN, SUN PHARMA, and SUN PHARMACEUTICAL since 1978 in respect of pharmaceutical preparations and medicinal goods. The Plaintiffs enjoy tremendous goodwill and reputation in India as well as internationally, being ranked No. 1 in the Indian pharmaceutical market for generic medicines and having global consolidated revenues of ₹4,84,968.5 million during FY 2023–24.
Qua its mergers and ownership of intellectual property:
By virtue of the Scheme of Arrangement approved by the Hon’ble High Courts of Gujarat and Bombay dated 03.05.2013, the domestic formulation division undertaking of Plaintiff No. 1 was transferred to Plaintiff No. 2, Sun Pharma Laboratories Ltd., making it the proprietor and owner of all intellectual property rights, including trade marks, relating to the domestic formulation business. Furthermore, through a subsequent Scheme of Arrangement sanctioned by the Hon’ble High Courts of Gujarat, Punjab and Haryana, Plaintiff No. 1 duly acquired all assets, trade marks, and goodwill of Ranbaxy Laboratories Limited, thereby consolidating its position as the rightful proprietor of all such marks.
Qua its turnover and market position:
The Plaintiffs collectively have a global presence across more than 100 countries, operate 41 manufacturing facilities across 6 continents, and employ over 43,000 personnel of multiple nationalities. As per AIOCD AWACS MAT September 2024 report, the Plaintiffs hold an 8.1% market share in the Indian Pharmaceutical Market. Their products are manufactured under strict cGMP standards and have received approvals from leading global regulatory agencies including the USFDA, EMEA, MHRA, and WHO.
Qua knowledge of the Defendant’s infringing activities:
In or around October 2024, the Plaintiffs came to know that Defendant No. 1 has adopted and is using the trade name “JanricSan Pharma”, which deceptively contains the words “JANRIC” (phonetically similar to GENERIC) and “SAN PHARMA” (phonetically similar to SUN PHARMA), thereby falsely suggesting an association with the Plaintiffs and their well-known marks.
Further, the Defendants have also adopted and are using the impugned trade marks BERIVITAL, BEZOLIC, and DOZE, which are phonetically, visually, and structurally similar to the Plaintiffs’ registered marks REVITAL, DAZOLIC, and DUOZ, respectively.
Qua the cause of action:
The Defendants’ impugned acts amount to trade mark infringement, passing off, and unfair competition, causing confusion, deception, and dilution of the Plaintiffs’ marks. The use of deceptively similar marks in respect of identical goods is unlawful and detrimental to the Plaintiffs’ hard-earned goodwill and reputation.
Accordingly, the Plaintiffs submit that the Defendants ought to be restrained by way of an ad-interim injunction from using the impugned trade name JanricSan Pharma or the marks BERIVITAL, BEZOLIC, and DOZE, or any other mark deceptively similar to the Plaintiffs’ registered trade marks.
COURT’S FINDING:
The Hon’ble Court via order dated 17.07.2025 CS(COMM) 310/2025 having found a prima facie case in favour of the Plaintiffs and noting that the balance of convenience lies with them, and granted interim protection through ad interim injunction. Accordingly, the Hon’ble Court restrained the Defendants and all persons acting on their behalf from manufacturing, selling, advertising, or dealing in medicinal or pharmaceutical products under the marks ‘BERIVITAL’, ‘BEZOLIC’, and ‘DOZE-30’, or any other marks identical or deceptively similar to the Plaintiffs’ registered trade marks ‘REVITAL’, ‘DAZOLIC’, and ‘DUOZ’, till the next date of hearing.
Further the same order was clarified on 08.08.2025 that although the relief regarding the Defendants’ use of the impugned trading name “JANRICSAN PHARMA P. LTD.” was originally sought in the Plaintiffs’ application under Order XXXIX Rules 1 and 2 CPC (I.A. 9036/2025), the same had been inadvertently omitted from the earlier order dated 17.07.2025.
Accordingly, the Hon’ble Court modified the order dated 17.07.2025 to extend the injunction to cover the use of the trading name “JANRICSAN PHARMA P. LTD.” as well. The Court Hon’ble directed that the previous order be read in conjunction with this modification, and that compliance under Order XXXIX Rule 3 CPC be completed within one week.
BSW LLB. [Hons] Batch of 2026
Gujarat National Law University, Gandhinagar, Gujarat (INDIA).
